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people thought he should have been not given a miranda warning. it turned out he was questioned for a time and then given his miranda warning and the police said he kept talking. they used it as a textbook example. this will remain a controversial decision. it is the stated policy of the obama administration to take anyone like this who creates a crime in the united states and treat them in the regular civilian justice system. they will take him away. when the appropriate time comes, begin to question him. >> pete, i got an e-mail using a term of art in law enforcement. somebody said, remember, this is a federal show. >> meaning the fbi is in charge. we have already heard some members of the senate say this person should be declared an enemy combatant, not given miranda warning and should be subject to a military-style interrogation. the obama administration will never go for that. they believe suspects who commit crimes here should be treated in the criminal justice system. that's what they will intend to do. >> michael leiter who was, among othe
people thought he should have been not given a miranda warning. it turned out he was questioned for a time and then given his miranda warning and the police said he kept talking. they used it as a textbook example. this will remain a controversial decision. it is the stated policy of the obama administration to take anyone like this who creates a crime in the united states and treat them in the regular civilian justice system. they will take him away. when the appropriate time comes, begin to...
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Apr 20, 2013
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the government decided he will not be given the miranda warning. the usual warning on every episode of "law & order." there's a question of public safety and they can question him for 48 hours before having to give him the warning and use that information in court. the justice department says most people even in these circumstances, even facing very serious charges ultimately the death penalty if the government chooses to bring it, they still choose to talk. it's a controversial decision nonetheless. some republicans think anyone who commits an act of terrorism even on american soil, even if they're american citizens as he is, should be brought before a military tribunal and treated as enemy combatant. >> it's a political hot potato. a lot of administration officials point out the so-called underwear bomber, umar farouk abdulmutallab continued to talk after being mirandized. thank you to you. >> what are investigators doing now? michael leiter served as the director of the national counterterrorism center under presidents bush and obama. good morni
the government decided he will not be given the miranda warning. the usual warning on every episode of "law & order." there's a question of public safety and they can question him for 48 hours before having to give him the warning and use that information in court. the justice department says most people even in these circumstances, even facing very serious charges ultimately the death penalty if the government chooses to bring it, they still choose to talk. it's a controversial...
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Apr 20, 2013
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we do know they decided there would be no miranda rights so the questioning could begin right away. a matter o
we do know they decided there would be no miranda rights so the questioning could begin right away. a matter o
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Apr 20, 2013
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lot of people think if the cops don't read you your miranda rights, the case gets dismissed. that's not true. the only thing that happens is if you confess, the confession can't be used in the trial against you. if there's other evidence to convict you, you can still be convicted. so a lot of people think oh, gee, i didn't get my rights, case dismissed. so we start with that presumption, but now we're getting into this more interesting issue because the justice department is saying well when there's a public safety emergency we don't have to give miranda warnings. this is going to be very, very controversial, and then senator mccain under the ante by saying this is an enemy combatant and you should treat the case in accordance with the rules of war. what that means is mccain is saying the guy doesn't deserve a jury trial. he's going to be, i don't know whether mccain is suggesting he'd be shipped off to guantanamo, which that would be a radical departure from the way justice is handled in the united states, particularly where a naturalized american citizen is involved and at
lot of people think if the cops don't read you your miranda rights, the case gets dismissed. that's not true. the only thing that happens is if you confess, the confession can't be used in the trial against you. if there's other evidence to convict you, you can still be convicted. so a lot of people think oh, gee, i didn't get my rights, case dismissed. so we start with that presumption, but now we're getting into this more interesting issue because the justice department is saying well when...
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there are exceptions to the miranda warning? >> there are exceptions to the miranda warnings. since the miranda case in 1966, the supreme court carved out a number of different exceptions where the police don't need to read the miranda warnings to a suspect and can still introduce in the statements that the suspects make into evidence. >>brian: do you believe this information warrants that exception? >> i do not. i think the government is taking a chance by deciding to go ahead and interview the suspect, future defendant without reading his miranda rights. the exception that they are citing is the public safety exception from a 1984 case, where a suspect was arrested after putting a loaded gun somewhere that supermarket. as the police were driving away, they asked him what he did with the gun, and he told them where it was. the police were able to recover a loaded gun. but in that case the danger to the public was immediate. here, i think we're talking about potentially interviewing this guy, the younger brother, when he wakes up in the hospital after the police have been sati
there are exceptions to the miranda warning? >> there are exceptions to the miranda warnings. since the miranda case in 1966, the supreme court carved out a number of different exceptions where the police don't need to read the miranda warnings to a suspect and can still introduce in the statements that the suspects make into evidence. >>brian: do you believe this information warrants that exception? >> i do not. i think the government is taking a chance by deciding to go...
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roger and clint thank you as well. >>> the obama invoking its right to deny dzhokhar tsarnaev of his miranda warning for the short term but will that public safety information provide the government with valuable intelligence. we're going to take a deeper look at the role and discuss what's next in all legal aspects of this case after the break. with the spark miles card from capital one, bjorn earns unlimited rewards for his small business. take these bags to room 12 please. [ garth ] bjorn's small business earns double miles on every purchase every day. produce delivery. [ bjorn ] just put it on my spark card. [ garth ] why settle for less? ahh, oh! [ garth ] great businesses deserve unlimited rewards. here's your wake up call. [ male announcer ] get the spark business card from capital one and earn unlimited rewards. choose double miles or 2% cash back on every purchase every day. what's in your wallet? [ crows ] now where's the snooze button? departure. hertz gold plus rewards also offers ereturn-- our fastest way to return your car. just note your mileage and zap ! you're outta there !
roger and clint thank you as well. >>> the obama invoking its right to deny dzhokhar tsarnaev of his miranda warning for the short term but will that public safety information provide the government with valuable intelligence. we're going to take a deeper look at the role and discuss what's next in all legal aspects of this case after the break. with the spark miles card from capital one, bjorn earns unlimited rewards for his small business. take these bags to room 12 please. [ garth ]...
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dzhokhar tsarnaev was charged without miranda, this is because federal authorities were able to implement the... the national threat exemption. and that will allow them to continue to question him. now, just on the other side of the police tape is a spontaneous celebration, beginning with people huddled around the radios, wanting to hear the latest information h. they got the information they wanted, cheers would erupt. ultimately, they lined both sides of the road and cheered for the emergency vehicles as they were leaving this scene. the tactical teams, the police officers, the national guardsmen, all got cheers. the crowd would erupt and chanted u-s-a! u-s-a ?ft and patriotic songs, as the people here endured so much the last couple of days, very glad to see this chapter of the trag fee tragedy is over. >> we will see you again. >> what is next here? joining us now, the criminal defense attorney, james shalloc, familiar with cases involving multiple murders. he prosecuted son of sam killer, david brcko wits. i have to think, the most powerful evidence may be the videotape, the day of t
dzhokhar tsarnaev was charged without miranda, this is because federal authorities were able to implement the... the national threat exemption. and that will allow them to continue to question him. now, just on the other side of the police tape is a spontaneous celebration, beginning with people huddled around the radios, wanting to hear the latest information h. they got the information they wanted, cheers would erupt. ultimately, they lined both sides of the road and cheered for the emergency...
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Apr 20, 2013
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federal agents have yet to question him but they say they will not read him his miranda rights first because the forecast is imposing a public safety exception. that allows limited and focused interrogation of a suspect with his statements allowed as evidence when there is a reasonable need to protect the public from immediate danger. >>> and from boston to big sur, there's a link that ties monday's boston marathon to the big sur marathon which take place a week from tomorrow. along highway 1 between big sur and carmel, organizers were in potassium iodine when the explosions happened. as abc7 news reporte david louie explains, they are now preparing to beef up security. >> 400 runners in the boston marathon are part of an elite group that will do back-to-back 26-mile races. a week from sunday they will be running the big sur international marathon. the race director was near the finish line when the devices exploded. >> but knowing where it was and how many people were there and how crowded the area was, it was, you know, kind of an immediate gut check reaction that this is not good.
federal agents have yet to question him but they say they will not read him his miranda rights first because the forecast is imposing a public safety exception. that allows limited and focused interrogation of a suspect with his statements allowed as evidence when there is a reasonable need to protect the public from immediate danger. >>> and from boston to big sur, there's a link that ties monday's boston marathon to the big sur marathon which take place a week from tomorrow. along...
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. >> no miranda warning? >> the fbi may want to explain that, it is a federal issue. >> had the boat been searched earlier? >> just a minute, we are going to finish the question. >> no, it did not. >> there was no miranda warning, they were claiming public safety exception. could we get explanation? >> there's public safety in cases of national security and involving acts of terrorism. the government has that opportunity, right now i believe the suspect has been taken to a hospital. we start with there. thank you. >> i'm sorry? >> will you seek the federal death penalty? >> you know, what i indicated earlier is that this is still an active, on-going investigation. we're going to be reviewing all of the evidence, before that kind of decision is made in terms of whether or not to seek the death penalty, you review all of the evidence and it is a very thoughtful, long process that is engaged and it is the attorney general of department of justice that makes that final decision. >> i'm sorry. karen? >> can you or
. >> no miranda warning? >> the fbi may want to explain that, it is a federal issue. >> had the boat been searched earlier? >> just a minute, we are going to finish the question. >> no, it did not. >> there was no miranda warning, they were claiming public safety exception. could we get explanation? >> there's public safety in cases of national security and involving acts of terrorism. the government has that opportunity, right now i believe the suspect...
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why does the miranda issue matter? >> it really matters on whether there will be able to determine if there is other further threats and whether there will be able to prosecute him in federal court. and as soon as they mirandize him and give him the right to a lawyer, they know they can use those statements against him in court. if they don't do that, they will have a very tough time using any evidence they collect from him before that time against him in a federal courtroom. >> put yourself in the shoes of the obama administration. they want to know as much as they can about how this happened so as to not make -- make sure it doesn't happen again. if he lawyers up, if he is read his miranda rights, he probably will be advised not to cooperate and not to say anything. isn't it just to play devil's advocate in the best interests of the nation to withhold on doing that for a second and gets a much information as they can? >> well, it's a very tough decision, but really the exception they're using is the public safety exc
why does the miranda issue matter? >> it really matters on whether there will be able to determine if there is other further threats and whether there will be able to prosecute him in federal court. and as soon as they mirandize him and give him the right to a lawyer, they know they can use those statements against him in court. if they don't do that, they will have a very tough time using any evidence they collect from him before that time against him in a federal courtroom. >> put...
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they have yet to question him but will not read his miranda rights first because of a public safety inspection. his statements will be used as evidence when there is a reasonable need to protect the public from immediate danger. >>> from boston to big sur there is a link that ties to the big sur marathon. along highway 1 and carmel, organizers were in boston when the explosions happened. david louie explained they are now preparing to beef up security. >> 400 runers from the boston marathon are part of a group that will do back-to-back races. a week from sunday they will be running the big sur international marathon. race director was near the finish line when the devices exploded. >> knowing what it was and how crowded the area what it was, gutted check reaction, this is not good. >> the tragedy could have caused them to cancel plans but it hasn't happened. >> there is more determination than ever. there were many part of this special group of people, 400 entrants who are part of the boston and big sur challenge, more determination to come to big sur and finish the race. security will be rais
they have yet to question him but will not read his miranda rights first because of a public safety inspection. his statements will be used as evidence when there is a reasonable need to protect the public from immediate danger. >>> from boston to big sur there is a link that ties to the big sur marathon. along highway 1 and carmel, organizers were in boston when the explosions happened. david louie explained they are now preparing to beef up security. >> 400 runers from the...
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an obama administration official telling nbc news tsarnaev will not be given a miranda warning when he's physically able to be interrogated after receiving medical treatment. instead, the official says the government will invoke a legal rule known as the public safety exception. that will allow investigators to question tsarnaev without first advising him of his right to remain silent and be afforded legal counsel. president obama used his weekly address today to praise law enforcement and those involved in tracking tsarnaev down. >> americans refused to be terrorized. ultimately, that's what we'll remember from this week. that's what will remain, the stories of heroism and kindness, resolve and resilience, generosity, and love. >> authorities caught up with the suspect after a tip from a watertown resident. he was hiding in a boat parked outside a home. he is now in a boston hospital and nbc's ron allen is joining me from there. ron, with a good afternoon to you, let's get the very latest on his condition. are you getting word from the hospital or are they staying somewhat silent on tha
an obama administration official telling nbc news tsarnaev will not be given a miranda warning when he's physically able to be interrogated after receiving medical treatment. instead, the official says the government will invoke a legal rule known as the public safety exception. that will allow investigators to question tsarnaev without first advising him of his right to remain silent and be afforded legal counsel. president obama used his weekly address today to praise law enforcement and...
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federal agents have yet to question him but they say they will not read him his miranda rights first because the government is invoking a public safety exception. limited and focused interrogation of the suspect is allowed as evidence when there's a reasonable need to protect the public from immediate danger. >>> and from boston to big sur there's a link that ties monday's boston marathon to the big sur marathon which take place a week from tomorrow. along highway 1 between big sur and carmel, organizers were in potassium iodine when the explosions happened. as abc7 news reporter david louie explains, they are now preparing to beef up security. >> 400 runners in the boston marathon are part of an elite group that will do back-to-back 26-mile races. a week from sunday they will be running the big sur international marathon. the race director was near the finish line when the devices exploded. >> but knowing where it was and how many people were there and how crowded the area was, was, you know, kind of an immediate gut check reaction that this is not good. >> the tragedy could have ca
federal agents have yet to question him but they say they will not read him his miranda rights first because the government is invoking a public safety exception. limited and focused interrogation of the suspect is allowed as evidence when there's a reasonable need to protect the public from immediate danger. >>> and from boston to big sur there's a link that ties monday's boston marathon to the big sur marathon which take place a week from tomorrow. along highway 1 between big sur and...
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a justice department official says tsarnaev will not be read his miranda rights because the government is invoking a public safety exception. that exception is triggered when police have an objectively reasonable need to protect the police or the public from immediate danger. tsarnaev will be questioned by a special federal interrogation team for high-value suspects. >> president barak obama and republicans used their weekly addresses to celebrate the resolve americans demonstrated after the attack on the boston marathon. in the address obama emphsized that "the world witnessed one sure and steadfast truth: americans refuse to be terrorized." >> ultimately, that's what we'll remember from this week. that's what will remain. stories of heroism and kindness; resolve and resilience; generosity and love. in the days to come, we will remain vigilant as a nation. and i have no doubt the city of boston and its surrounding communities will continue to respond in the same proud and heroic way that they have thus far - and their fellow americans will be right there with them every step of the wa
a justice department official says tsarnaev will not be read his miranda rights because the government is invoking a public safety exception. that exception is triggered when police have an objectively reasonable need to protect the police or the public from immediate danger. tsarnaev will be questioned by a special federal interrogation team for high-value suspects. >> president barak obama and republicans used their weekly addresses to celebrate the resolve americans demonstrated after...
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everyone should be given their miranda rights. host: if he is not given his miranda rights then they cannot use anything he talks to them about in a trial should this case goes to trial. caller: that is correct. said everybody should be given their rights. even the people in gitmo. that is how america works. talkedhe president about the court procedure that will be following this arrest of dzokhar tsarnaev. [video clip] >> that american spirit means staying true to the unity that makes us strong. blogs,ng tweets and there is a temptation to latch on to any bit of information and sometimes jump to conclusions. when a tragedy like this happens, when public safety is at risk and the stakes are so high, it is important we do this right. that is why we have investigations. that is why we relentlessly gather the facts. that is why we have courts. that is why we take care not to rush to judgment. not about the motivation of these individuals. certainly not about entire groups of people. after all the one thing that makes america the grea
everyone should be given their miranda rights. host: if he is not given his miranda rights then they cannot use anything he talks to them about in a trial should this case goes to trial. caller: that is correct. said everybody should be given their rights. even the people in gitmo. that is how america works. talkedhe president about the court procedure that will be following this arrest of dzokhar tsarnaev. [video clip] >> that american spirit means staying true to the unity that makes us...
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. >> speaking of legal standards, the decision was made to not read dzhokhar tsarnaev his miranda rights, at least not yet. can you explain a little bit more about that decision? i think a lot of people and others who expect when you get arrested you get yourmy r miran rights are surprised by this decision. >> to break down, everybody has seen when police arrest you, they always say certain words. which include you have the right to remain silent, anything you say can and will be used against you in a court of law. well they didn't do that in the case of this suspect. that's because there's something called a public safety exception. and the public safety exception simply says that if you're concerned that there's a plot that is still afoot, if you're concerned there's an emergency, that there could be bombs somewhere else, the authorities don't have to read you your rights at that time. and that's basically what they have decided to do. but they are still going to have to do it eventually. >> joe johns, thank you so much. >>> it's one of the most visible signs that boston is beginning t
. >> speaking of legal standards, the decision was made to not read dzhokhar tsarnaev his miranda rights, at least not yet. can you explain a little bit more about that decision? i think a lot of people and others who expect when you get arrested you get yourmy r miran rights are surprised by this decision. >> to break down, everybody has seen when police arrest you, they always say certain words. which include you have the right to remain silent, anything you say can and will be...